Insured Contract and Primary Coverage

October 28, 2013

Our insured is a subcontractor who leased his backhoe, a listed vehicle on the BAP policy with symbols 7, 8, and 9 for liability, to the General Contractor. The backhoe was driven by an employee of the GC and hit a parked vehicle. The GC and our insured have a contract that they believe would have the GC assume liability. Would such a contract shift primary PD coverage to the GC since it was his driver, or would our insured still be primary since the backhoe was his vehicle?

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